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KWEKU Y. PAINTSIL, ESQ
V.
SYSTEM CONSULTS LTD & ORS

(2023) JELR 112466 (CA)

Court of Appeal 16 Nov 2023 Ghana
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- The Court of Appeal affirmed the High Court’s decision striking out the 2nd, 3rd, and 4th defendants (directors/officers) as improper parties, holding that a director or officer may only be joined where personal liability is properly plea

Case Details

Suit Number:H1/43/2023
Judges:Sowah, JA (PRESIDING) Koranteng JA Archer, JA
Counsel:Zombil Nyarba for Plaintiff/Appellant. Dennis A. Dwomoh with Kofi A. Agyemang for the 2nd, 3rd and 4th Defendants/Respondents.
Location:Accra

JUDGMENT

SOWAH, J.A.:

Introduction 

This judgment is in respect of an interlocutory appeal mounted by the plaintiff/appellant on 8th June 2022 against the Ruling of the High Court, Commercial Division dated 2nd June 2022. The Ruling granted the application of the 2nd, 3rd and 4th defendants to be struck off the Suit for misjoinder. The Ruling is at pages 163-164 whilst the Notice of Appeal is at pages 165-166 of the record of appeal. 

Hereafter, the plaintiff/appellant will be referred to as ‘appellant’. The three defendants/respondents' will be called the ‘respondents’ whilst the other defendants who are not parties in this appeal will retain their designations as the 1st, 5th and the 6th defendants respectively.

Background Facts

The Appellant was engaged by the 1st Defendant company to represent it in an action against the Ghana Revenue Authority [5th defendant] for compensation for unlawful termination of a Software Agreement. A suit was filed on 2nd March 2021 as Suit No. CM/RPC/0417/21…

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